False imprisonment A person is guilty of the offence or false imprisonment if he intentionally or recklessly takes or detains or causes to be taken or detained or otherwise restricts the personal liberty of another, without his consent. This offence covers kidnapping and false imprisonment. It replaced the common law offence of kidnapping. Consent must be freely given as in the case of assault. See generally […]
Harassment Harassment occurs where the accused by his acts intentionally or recklessly seriously interferes with another’s peace or privacy or causes him alarm, distress or harm. A reasonable person must realise that the acts in question would cause such alarm, distress or harm to the other. “Harm” includes psychological harm. Harassment may be as a result of persistent communication with a person. It may also […]
Consent The absence of consent is required for assault. However, consent must be freely given. The person concerned must know the nature of the act. He must be of sound mind and full age. Consent is not a defence to the infliction of bodily injury or injuries constituting a breach of the peace.Most fights are unlawful. If they are in public, they constitute a breach […]
Non-Fatal Offences Against the Person The Non-Fatal Offence against the Person Act 1997 modernise law in relation to non-fatal offences against a person. Many common law crimes were abolished and replaced with statutory crimes. The elements of the respective crimes are now defined by the statute. The common law immunity for parents, teachers and other persons in loco parentis to use reasonable chastisement was abolished. […]
Prohibition on Abortion It is an offence prohibited by the Offences against the Person Act to procure an abortion. The Offence against the Person Act prohibits the unlawful administration or use by a pregnant woman or anyone else of poisons or other nauseous things or other instruments or means in order to cause an abortion. The offence is committed if the act concerned is undertaken […]
Scope of Manslaughter Manslaughter is an unlawful homicide that is not murder. Manslaughter covers a very wide range of circumstances. Historically the longstanding mandatory punishment for murder (which formerly included the death penalty) had tended towards a preference on the part of juries for a verdict of manslaughter in more difficult cases. Manslaughter may be committed in a variety of ways. Death may arise out of a […]
Homicide The killing of a human being by another is referred to as homicide. Some homicides may be justifiable such as by reason of accident, misadventure, self-defence or execution of lawful orders. In highly exceptional circumstances, a homicide may be justifiable in the course of a riot in effecting an arrest or preventing escape or in times of war. Murder and manslaughter are distinct offences […]
Nature of Robbery Robbery is aggravated theft. The accused must steal or attempt to steal. The force or threat of force must be used in order to enable the accused to steal. Any defence available in respect of theft will be available in respect of robbery. It may be a defence to robbery although the circumstances may constitute an assault. This is so even if […]
Demanding Money with Menaces. It is an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces. A demand with menaces is unwarranted unless the person making it does so in the belief that he has reasonable grounds for making the demand, and) that the use of […]
Criminal Homicide Criminal homicide refers to unlawful killing. The two main categories of unlawful killing are murder, which generally requires intention, and manslaughter, which requires gross negligence or recklessness. There is a separate offence of causing death by dangerous driving. Murder is the most serious offence under Irish law and carries a mandatory life sentence. A person may be liable for murder unless he is […]
The common law defence of insanity was set out definitively in the English case R v M’Naghten in 1843. The accused was labouring under the belief that he was being persecuted by the Tory party and hence had to kill the British Prime Minister.At his trial, the judges set down what became known as the M‟Naghten Rules. Firstly, it must be clearly shown that, at […]
Cross-Examination of Victim In a trial for a rape offence or a sexual assault offence, [when a person pleads not guilty] evidence is not to be allowed other than with the consent of the judge and no questions will be asked in cross-examination, about the sexual experience of the complainant with any person. The Judge shall not give leave other than in an application in […]
Definition Child pornography is any visual representation that shows or relates to a person who is or is depicted as a child or who is engaged in or is depicted being engaged in explicit sexual activity or witnessing such activity or where the dominant characteristic is a depiction for a sexual purpose of the genital or anal region of a child. Advocating, encouraging or counselling […]
Scope Cannabis (except in “cannabis resin”) means any plant of the genus Cannabis or any part of any such plant (by whatever name designated) but includes neither cannabis resin nor any of the following products after separation from the rest of any such plant, namely— mature stalk of any such plant, fibre produced from such mature stalk, or seed of any such plant. “cannabis resin” […]
Harassment order On application made, a court may when imposing a sentence of imprisonment on a person convicted of a sexual offence (referred to in this section as the “respondent”), or at any time before the date of the respondent’s release from prison, in addition to whatever sentence it may impose or, as the case may be, has been imposed on the person, make a […]